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On 12 June 2002, the Special Panel for Serious Crimes of the Dili District Court, East Timor, issued an indictment against Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires, respectively the commander, deputy commander, and a member of the Halilintar Merah Putih militia group based in the subdistrict of Atabae in East Timor. According to the allegations, several victims alleged to be supporters of East Timor’s independence from Indonesia were detained, beaten, and raped by the three members of Halilintar Merah Putih in the period between February and September 1999. In that period, numerous pro-Indonesian militia groups operated throughout East Timor attacking pro-independence supporters with the goal to gain autonomy within Indonesia.

In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plant had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.

In March 2003, the US Court of Federal Claims dismissed the complaints as non-justiciable based on the ‘political question doctrine’ (which foresees that courts have no authority to hear or adjudge on matters that raise political, rather than legal, questions). Accordingly, the Court found that it did not have jurisdiction, even if the complaints raised issues under the Fifth Amendment to the US Constitution. Therefore, El-Shifa’s complaints were dismissed.

Following violent clashes between two groups, one in favor of independence of East Timor and one against it, people of the former group sought refuge. In Liquiça, they hid in a church. In Diri, they hid in the house of one of their foremen. The attacks by an anti-independence militia caused the death and injury of many. It is claimed that several soldiers took part in the attacks. The question was whether the commander, Suratman, present in the area at time of both attacks, could be held responsible for what happened.

According to the Indonesian Ad Hoc Tribunal for East Timor, this could not be done. The involvement of his personnel could not be established and it considered the militia to be completely separate from the military. Thus, the Tribunal established that he had no effective control over those who actually committed the Crimes Against Humanity. The Tribunal could not conclude that Suratman had not taken enough action to prevent human rights violations from taking place. According to the Tribunal, he was there to look for a solution to the best of his abilities. Suratman was acquitted, which added to the international community’s concern about the effectiveness of the Tribunal.

The accused, Mr. G., was a citizen of Vanuatu Islands, while he previously resided in India. An arrest warrant was issued against him by the First Special Court in Alipore, Kolkata (India) on allegations of stealing 108,400,000 Indian Rupees (approximately € 2,143,000) from the Allahabad Bank in 1994 and 1995. G. was arrested at Munich Airport on 15 December 2002.

On 30 April 2003, the Munich Higher Regional Court approved the extradition of G. to India because there was no risk that he would not be treated in accordance with international standards, more specifically, that he would not be subjected to torture or ill-treatment. In addition, the Court held that the expected punishment of life imprisonment was not ‘absolutely unreasonable’ having in mind the amount of money stolen by Mr. G.

The Federal Constitutional Court upheld the decision to extradite G. to India, in particular because there was no evidence suggesting that he would be subjected to torture.

During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces (TNI) along with a number of militia groups perpetrated widespread abuses against the civilian population, particularly targeting those known to be or suspected of being pro-independence supporters.

In September 1999, members of the TNI and Dadurus Merah Putih (DMP) militia of which the Accused was a member, surrounded the home of a known independence supporter. In his absence, his relative was dragged outside and beaten with machetes, spears and stones until he died. His brother-in-law, emerging from the neighbouring home, was also targeted – he was shot and stabbed until he too died. The Accused was convicted by the Special Panels for Serious Crimes for his participation in the murder of both victims and sentenced to 10 years 6 months’ imprisonment. He was, however, acquitted of the charge of torture as the Special Panel found that he did not act with the intent of torturing the victims, but 'solely' with the intent to cause their death.